Remembering the Spirit of the Endangered Species Act: A Case for Narrowing Agency Discretion to Interpret Significant Portion Of a Species\u27 Range

Part I of this Comment addresses the importance of biodiversity and the need to protect endangered and threatened species. A lack of an understanding of, and respect for, the manner in which all species improve our quality of life can make it difficult to support the ESA when it conflicts with the interests of property owners or the federal government. Part II briefly details the history of the 1973 ESA and its predecessor statutes. Part III provides a summary of the relevant portions of the ESA. Part IV outlines the substantive guidelines and procedural safeguards to be adopted by the listing agencies when determining a significant portion of a species\u27 range. That part describes how the proposed factors would reduce redundant litigation, benefit the listing agencies and affirm the mandate of the ESA to bring protected species to the point of actual recovery and delisting